Advice from experienced nannies please - reasonable expectations?

[eleanorofaquitaine]

We have employed nannies before. They have each stayed with us for over two years before moving on for life changing reasons - we are still in touch with them and they rate us as a fair employer. We completely respect the profession of being a nanny and pay at the top end including tax etc (even though we are not high earners ourselves); we work in partnership in the parenting role and do not regard them as "employees" but trusted partners in caring for our children. We were really clear in advertising for the job that although the children would be at school we pay for a full day so some reasonable housekeeping duties will be required. By this we mean maintaining the children's areas and laundry, cooking their meals, keeping the bathroom clean (we use our en-suite) and vacuuming and dusting. We would also give lots of time off if I am working from home. However, what I have noticed is if the dishwasher needs emptying (because I had set it going before going to bed) it is not emptied for the three days I am away (she handwashes instead); if I have put children's clothes in to tumble overnight it is left and any other laundry is left to hang up for me then to air and iron. In addition she brings her own one year old daughter to work and so is often distracted by having to keep her out of mischief. I really want to make things work and I have restated expectations but it would really useful to get some reaction from any one who has a bit more experience. My instinct is that I am getting essentially wrap-around care but paying for full time.

I forgot to say, I don't think your nanny sounds very good! I did all the things you listed and more including an o.u degree while the children were at school and still felt a bit guilty!

Disciplinary process is pretty much fixed in EU law these days.

This is not true - there is no 'EU law' which dictates any disciplinary process - or any law in any of the jurisdictions of the United Kingdom.

And whist it is true that you must give every employee written details of your disciplinary procedure, you can terminate an employment contract within 12 months simply by giving notice, you don't have to go through any disciplinary procedure so it is not in general 'best' to do so.

"And whist it is true that you must give every employee written details of your disciplinary procedure, you can terminate an employment contract within 12 months simply by giving notice, you don't have to go through any disciplinary procedure so it is not in general 'best' to do so." The 12 months' clause only covers you against claims for unfair dismissal though, doesn't it? It wouldn't cover you against other claims eg for disability discrimination. So if you were to dismiss your employee within 12 months, they could then claim that you had dismissed them on grounds related to their disability - eg claim that they had a health condition which mean they could fulfil their role perfectly well as long as they were given sufficient breaks but you had decided not to do this then dismissed them. Afaik, you would not be covered against a discrimination claim just because they had been dismissed within 12m. And such a claim must be more likely where the reasons for dismissal are unclear and the employee is given no opportunity to resolve them.

The employee would have to prove it was discrimination. The employer can just say 'I felt it wasn't working out' and that is reason enough. After 12 months it has to be disciplinary or redundancy.

We have a contract that came from the legal team at Nannytax and we have the procedure outlined in it. I would not consider previous discussions as verbal warnings but I think I will schedule a meeting to specifically discuss expectations etc again and clearly state that it is a discussion to address areas where performance is falling short and refer to the contract so that there is no ambiguity.

If you want to dismiss an employee that is disabled or pregnant you are always going to be at risk of a claim for discrimination whatever process you go through and you should take legal advice. You may well find that by going through a disciplinary process you are actually INCREASING the chance of a discrimination claim.

So if employment is less than one year it is fairly simple - if disabled or pregnant, take legal advice, otherwise terminate the employment by giving notice in accordance with the contract or paying in lieu of notice.